The loosely phrased, and undefined, 'exclusive flag state jurisdiction' principle of the United Nations Law of the Sea Convention Article 92, has arguably proved to be a red herring for states and academia, in its being raised as a limiting factor to extra-territorial prescription by non-flag states. This has extended to port state jurisdiction discussions, and was raised by analogy for aircraft, before the European Court of Justice, in relation to the limits of jurisdiction over high seas overflight. This paper argues for a limited scope to the term 'jurisdiction' in Article 92. It concludes that far from being a limiting factor, the principle of flag state exclusivity is solely concerned with the enforcement jurisdiction of states on the high seas. The increasing use of port state prescriptive jurisdiction, particularly those practices with extra-territorial effect, provides further evidence that this is the correct interpretation.
In an earlier article, we analysed the actuality and potential of participation at the international level, or more specifically: at the level of the United Nations (un). Is there a demand for public participation in the work of the United Nations, and if so, who has such demands? And how should the un meet these demands? In this article we will apply the theory presented in the first article to a case study: global public participation in the drafting process, at the un, of the Sustainable Development Goals will be examined and assessed against the findings uncovered in the first article.
Council Regulation (EC) No 1005/2008 provides that a third country may be identified and subject to measures if it fails “to discharge the duties incumbent upon it under international law as flag, port, coastal or market state, to take action to prevent deter and eliminate IUU fishing”. In assessing the promise or limits of this unilateral listing mechanism, the question arises as to what influence, if any, it has had on third-country legislation. This article uses a case study on port state duties, demonstrating the use and impact of the unilaterally defined port state duties and their implementation in EU practice. The latter part addresses trends in the prescriptive responses of port states, including whether the EU listing process was a contributing factor to legislative reform. Prescriptive trends highlighted are the implementation of generally accepted treaty-based port state measures, followed by three examples of expansion into port state offences.
In this first article, we will analyse the actuality and potential of participation at the international level, or more specifically: at the level of the United Nations (un). Is there a demand for public participation in the work of the United Nations, and if so, who has such demands? And how should the un meet these demands? A subsequent article will apply the theory presented in this article to a case study. In this second article, global public participation in the drafting process, at the un, of the Sustainable Development Goals will be examined and assessed against the findings uncovered here.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.